A Question for Foreclosure Mill Lawyer Michael Hord, Jr.
JUN 7, 2024
Y’all wanted to foreclose on Tafacory’s homestead for DBNTCO, right?
Well, there’s an expedited order of foreclosure (Jun 2019) with no injunctions of record after the stop foreclosure in Nov. 2019.
Nothing after you removed it to federal court, per the docket.
And, no appeal bond.
So why didn’t y’all foreclose during or after this Dec. 2021 CA5 opinion?
That’s coming up just short of 5-years by our calculation.
(allowing for the Nov. case and not the order of foreclosure).
In Re: Order of Foreclosure Concerning 4527 Briar Oaks Circle, Dallas, TX 75287 Under Tex. R. Civ. P. 736 Petitioner: Deutsche Bank National Trust Company, as Trustee, in Trust for Registered Holders of Long Beach Mortgage Loan Trust 2006-6, Asset-Backed Certificates, Series 2006-6 Respondent(s): Masoud Michael Tafacory
LIT Comment: As Soon As Judge Higginbotham is on a Panel, Judge Higginson Complies with the Majority.
Tafacory v. Deutsche Bank (5th Cir., Dec. 2021)
DEC 17, 2021 | REPUBLISHED BY LIT: DEC 17, 2021
Before Higginbotham, Higginson, and Duncan, Circuit Judges. Per Curiam:*
The Texas Constitution provides that a home equity loan may not exceed eighty percent of the home’s fair market value on the date the loan is made. TEX. CONST. art. XVI, § 50(a)(6)(B).
If a lender violates this provision, it forfeits the loan’s principal and interest. Id. § 50(a)(6)(Q)(x).
However, a lender may conclusively rely on a homeowner’s written acknowledgement of a property’s fair market value when the acknowledged value matches the property’s appraised value, unless the lender has actual knowledge that this value is incorrect. Id. § 50(h).
On May 25, 2006, Masoud Michael Tafacory executed a $584,000 home equity loan with Long Beach Mortgage Company.
